People v. Keukelaar CA2/1

INTRODUCTION

In December 2020, defendant Carlos Ruben Keukelaar was charged with driving under the influence of alcohol (DUI), with an enhancement for willful failure to consent to a chemical test, and with resisting a peace officer in the discharge of his duties. While awaiting trial, Keukelaar called the police department and spoke at length with the watch commander, offering to make a $25,000 “contribution” to the department in exchange for ending the case against him. As a result of this call, Keukelaar was charged with bribery. The court consolidated the two matters for trial and a jury convicted Keukelaar. On appeal, Keukelaar contends there was insufficient evidence for the jury to convict him of DUI, to find true the allegation he willfully refused to submit to a chemical test, and to convict him of bribery. He also asserts that the trial court erred in consolidating the charges against him for trial. We reject Keukelaar’s challenges to the sufficiency of the evidence supporting his convictions for DUI and bribery, and his contention the court erred in consolidating the charges for trial. We agree with Keukelaar, albeit on other grounds, that the jury’s true finding on…